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EAGLE HEALTHCARE, INC. v. SEBELIUS

Case No. 1:09-cv-00291 (BJR), Case No. 1:09-cv-00292 (BJR), Case No. 1:09-cv-00293 (BJR), Case No. 1:09-cv-02118 (BJR), Case No. 1:09-cv-02119 (BJR).

969 F.Supp.2d 38 (2013)

EAGLE HEALTHCARE, INC. and Hope Care, Inc., Plaintiffs, v. Kathleen SEBELIUS, Secretary Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

Filed October 10, 2013.

Attorney(s) appearing for the Case

James P. Holloway, Susan Ann Turner, Ober Kaler Grimes & Shriver, PC, Washington, DC, for Plaintiffs.

Mitchell P. Zeff, Jeremy S. Simon, U.S. Attorney's Office, Washington, DC, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

Barbara Jacobs Rothstein, U.S. District Court Judge.

I. INTRODUCTION

These five consolidated cases arise under the Medicare provisions of the Social Security Act. In each case, Plaintiffs, Eagle Healthcare, Inc. ("Eagle") and/or Hope Care, Inc. ("Hope") (collectively, the "Plaintiffs"), filed substantially identical Complaints whereby they challenge the Centers...

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